Pay Ex-IDC Boss 44 Months Salary – Court

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By Dickson Jere
Perry Mapani was appointed CEO of Zambia’s biggest conglomerate – IDC or Industrial Development Corporation in February 2023. His three years appointment was subject to three months probation after appraisals. But after three months, he was not appraised although his probation was extended to another three months. Again, after three months, his probation was further extended but was fired in the seventh month but without any appraisals.
He then sued IDC in the High Court, arguing that his dismissal was unfair, unlawful and wrongful and that he be paid about ZMW5.6 million basic salary for the remainder of his three years contract.
IDC, through its current CEO Cornell Muleya, filed answer to challenge Mapani claims. Basically, he made bare denials.
However, when the matter came up in Court – three times – IDC asked for adjournment. At the final hearing, IDC, once again, asked to adjourn the matter but the Judge refused. IDC then opted to stay away from the proceedings.
The Judge proceeded and heard Mapani alone as IDC and its witnesses stayed away from the case for unknown reasons.
The Judge proceeded to deliver his Judgment and stated thus;
“No procedural injustice has therefore been occasioned because the Respondent in casu, who was well aware of the proceedings unequivocally decided not to take part in the hearing,” the Judge said.
“No doubt, the main object of this Court is to do substantial justice. Substantial justice is for both parties,” the Court ruled.
The Judge then proceeded to look at the evidence of Mapani – who was not cross examined as IDC lawyer excused himself from the case when the trial started.
“It is a fact, undisputed, that twice the probation period was extended without affording the Complainant, the benefits of results for assessment,” the Judge observed.
“I am satisfied that the provisions of the contract were breached which makes the termination wrongful and unlawful,” the Judge said.
He noted that the allowed period of probation could not exceed the six months and anything beyond that was illegal especially that there was no appraisals done.
“There was wrongful dismissal as well as unfair dismissal for which an aggravated award of forty-four months salary is awarded,” the Judge said.
“Not too excessive, not too little,” the Judge said, adding that Mapani is unlikely to find a job that easily hence this award.
However, the Court rejected the ZMW5.6 million claim and others such as gratuity and leave days saying there was not enough evidence to warrant such reliefs.
Case citation – Perry Mapani v Industrial Development Corporation (IDC) – 2023/HPIR/1044.
Lecture Notes;
1. Courts have lately become stricter on timelines and would proceed with cases if there are so many adjournments. Justice delayed is Justice denied and courts are trying to dispose off cases quickly and reduce on backlog. This case underscores the need to be ready for trial when dates have been set unless something extraordinary happens to cause the adjournment.
2. Mapani has been given 44 months salary as damages while his counterpart at ZCCM-IH ex CEO Pius Kasolo was given only 6 months salary. Others have gotten 34 months and so on…there is need to have a bit of uniformity in this area of awards notwithstanding that each case is different.

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